It is an oxymoron of sorts: For, by the very definition of each of the two words, the opposite should necessarily be implied. Responsibilities, by their very nature, especially in the context of a village, a society, or a nation, are shared by all; and thus to declare the existence of an “unshared responsibility” — when responsibilities by their very nature require a shared nature — is a form of self-contradiction. Failure to share the responsibility that is ours to engage is common where society no longer knows its own neighbors.

That is the essence of a disappearing village — where we know longer know each other, remain detached and merely retain the outer facade of being a society with common interests. Do you know your next door neighbor? Do you even care to? Yet, we have thousands of “friends” on Facebook, but barely know, or care, about the person living just across the street.

The Office is no different. One day a coworker files for Federal Disability Retirement benefits and we are “surprised”. We didn’t know that the person even had a medical condition. The Supervisor didn’t know. The Human Resource Office didn’t care to know. No one at the agency cared to know. That is often the reality, unfortunately, and the greater — sadder — reality is that those who should have known didn’t care to take the time to know.

Posted on September 13, 2019 by Federal Disability Retirement Attorney

It is a query that applies to so many aspects of a successful life; of an endeavor or a pursuit; of preparing the steps in order to attain a level of perfection. Curiosity and the desire to improve are the ingredients of success; the lack of either or both will often leave one behind as others progress.

The runner who wants to shave off a fraction of a second; the “expert” in a given field who desires to comprehend the next level of complexity; the business owner who strives to avoid the fickle nature of a purchasing public in order to expand; they all begin with the question, “What should I be doing?”

There is nothing more demoralizing than to “know” the certainty of defeat. But that is the crux of the matter, isn’t it? How does one “know”? Certainly, one can balance the odds for and against; to take into account the factors which determine a statistical chance of success or failure; but does one ever have “certainty” in anything, or is it often merely a perspective of the glass being half full, or half empty?

Where the odds are overwhelming and objectively insurmountable: a 100-to-1 advantage that the opposing force has; a predetermined outcome that cannot be reversed; in such circumstances, then, what hope is there? For, the only counterbalance to “certainty” is the glimmer of hope for some unforeseen “X-factor” that somehow saves the day. On the other hand, it is the determination of “certainty” which extinguishes any flicker or flame of hope.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, there is often the sense of an inevitability — a “certainty of defeat” — where the medical condition reveals a progressive march towards greater deterioration.

Does this mean that every application will face the certainty of defeat? No — but it must be carefully prepared and effectively pursued. To provide the greater counterbalance against the certainty of defeat, consult with an attorney who specializes in Federal Disability Retirement; for, as hope is the countermeasure to the certainty of defeat, so the lawyer is the one who can provide an objective perspective as to the potentiality for success.

Each of us lives an insular life. It is that “private” side of us which remains so at our option.

How much of it is allowed into the public arena, and to whom we may share with, those are dependent upon multiple factors — of desiring to; of releasing information about ourselves that may allow for one to become “vulnerable”; of secretive lies; of shameful pasts; of thoughts that may be considered imprudent or childish; of foolish past exploits that may embarrass; of actions committed that were long forgotten by everyone but the self; and many more besides.

Then, of course, there is the “Outside appearance” — the person who is a compendium and pieced-together puzzle. That “person” is comprised of many facets: By those who “know” you at the office, but perhaps in a restricted, limited way; by neighbors and acquaintances; by closer family members; by people who may have only come in contact by telephone or the internet, etc.

How much of the Inside life and the Outside appearance overlap may be best illustrated by a Venn diagram — or by a multitude of concentric circles, depending upon who is asked about a particular person. Some scrupulously guard the inside life; others, like an open book left unguarded and unmarked, allow for the two parallel streams to mix and mingle without thoughts of restricting access.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal position, the concept of the “Inside life” and the “Outside appearance” is important to consider when entertaining the idea of filing for Federal Disability Retirement benefits.

For, while the Federal or Postal employee may be suffering from a medical condition, how much of that “Inside life” has impacted the “Outside appearance” — i.e., the medical condition’s impact upon one’s performance, conduct or attendance — will be questioned by the U.S. Office of Personnel Management in determining the merits of the case.

It is, in a FERS Disability Retirement case, the “Outside appearance” that will be determinative, so that no matter the extent of pain or anguish experienced by the “Inside Life”, it is the “Outside appearance” which will be the facet of evaluative validity.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.